Basic Standards of Review

Question 1

Rational Basis (Presumption of Validity)

Answer 1

1) Legitimate Purpose
2) Rationally Related Means

Question 2

Examples of Cases Getting Rational Basis - Equal Protection:

Answer 2

Non-Fundamental Rights:
Economic;
Employment;
Education; and
Social Welfare

Non-suspect classifications:
Mental Disability

Question 3

Examples of Cases Getting Rational Basis - Due Process:

Answer 3

Non-Fundamental Rights:
Economic;
Employment;
Education; and
Social Welfare

Question 4

Intermediate Scrutiny (Presumption of Invalidity)

Answer 4

1) Important Purpose
2) Substantially Related Means

Question 5

Examples of Cases Getting Intermediate Scrutiny:

Answer 5

Quasi-Suspect Classifications:
Sex-Based Classification
Illegitimacy

Question 6

Strict Scrutiny (Strong Presumption of Invalidity)

Answer 6

1) Compelling Interest
2) Narrowly Tailored Means

Question 7

Examples of Cases Getting Strict Scrutiny - Equal Protection

Answer 7

Fundamental rights (including liberty Interests):
First Amendment Rights;
Privacy;
Right to travel;
Voting

Suspect Classifications:
Race; or
Religion; or
National Origin; or
Lawful Alienage

Question 8

Examples of Cases Getting Strict Scrutiny - Due Process Claim

Answer 8

Fundamental rights (including liberty Interests):
First Amendment Rights;
Privacy;
Right to travel;
Voting